The South Korean government has submitted a court document claiming that Cambodian migrant workers cannot seek state compensation, contradicting a recent Supreme Court ruling.
The South Korean government has recently taken a stance against the Supreme Court's ruling regarding state compensation for Cambodian migrant workers. On August 8, it was revealed that the government had submitted a response to the court stating that "Cambodians cannot claim state compensation from Korea." This assertion directly contradicts the Supreme Court's recent judgment, which recognized the state compensation rights of Cambodian workers, particularly in light of the tragic case involving the death of Sekang, a Cambodian worker who died from exposure while living in a vinyl greenhouse. Despite the Supreme Court's judgment affirming the rights for compensation, the government continues to argue that these claims are illegitimate.
The legal battle involves other Cambodian migrant workers, particularly Mr. G, who worked unpaid for 3 years and 8 months on a farm in Gyeonggi Province. He claims approximately 34 million won in unpaid wages recognized by investigations from the Ministry of Employment and Labor. Following this, Mr. G filed a 25 million won damage compensation lawsuit against the government, citing its failure to properly oversee foreign labor employers and consequently endangering workers like him. However, the government's legal representatives argue that the lawsuit is improper under the National Compensation Act, stating that there is no mutual guarantee agreement between South Korea and Cambodia that would allow such claims.
Despite the government's assertions, the Supreme Court had earlier ruled in favor of recognizing the rights of Cambodian citizens to seek compensation against the South Korean government. In January 2023, it validated the claims of Sekang's parents, who argued that the government bore responsibility for their son's death due to negligence. This ongoing conflict raises substantial concerns regarding the treatment of migrant workers in South Korea and the protections afforded to them under local and international law, as it highlights a significant gap between judicial rulings and government policy regarding foreign national rights.
